No required yard or other open space around an existing building shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space for any other building. No yard space or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established, except when open space is approved as part of a rural residential area or cluster subdivision.

Every dwelling shall be located and maintained on a separate lot as defined in this Title. Such lot shall have the required frontage on an approved public street.

No space necessary to meet the minimum site development standards, parking, or other requirements of this municipal code or any other code for a lot or building may be sold or leased away from such lot or building.

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be developed.

The maximum height of an accessory building in all residential zones, including all cluster subdivisions, is twenty (20) feet. The maximum height of an accessory building in the A-1 and A-2 Zones, or where the parcels exceeds two (2) acres; excluding rural residential areas or cluster subdivisions, is thirty (30) feet. The maximum height of an accessory building in any other zone may be specified differently than this Section in Site Development Standards of the respective Zone.

Roof structures for the housing of an elevator, stairways, tanks, ventilation or similar equipment required to operate or maintain a building, fire or parapet walls, skylights, communication towers or masts, steeples, flagpoles, silos, theater lofts, may be erected above the height limits herein prescribed as a permitted or conditional use, as the case may be, but no space above the height limit shall be allowed for the purpose of providing additional floor space. Notwithstanding the exceptions of this Section, no heights are permitted above the maximum allowed under any airport height regulations.

1. No animals or fowl shall be kept or maintained closer than forty (40) feet from any dwelling and not closer than seventy-five (75) feet from any dwelling on an adjacent lot. Any barn, stable, coop, pen, or other enclosure for housing or keeping animals or fowl shall be kept, constructed, or maintained no less than one-hundred (100) feet for a public street and no less than twenty five (25) feet from any lot line. This paragraph does not apply to the keeping of dogs and cats.
2. Restrictions on Residential Structure. No kennel, cattery, pet shop, or similar facility or business shall be permitted within or attached to any residential structure, or structure used for residential purposes.
3. Dog and Cats. All enclosures for the keeping of a dog or cat shall be located in the rear or side yard. Such enclosures shall be set-back five (5) feet from any property line, and shall be either seventy-five (75) feet from any dwelling on an adjacent lot or in the middle of the rear yard at least three (3) feet from the rear property line, whichever is most feasible.

1. Health Department. Any proposed building or use that involves culinary water and sewer facilities shall comply with the requirements of the applicable health agency, including providing the city with documentation of approval from the applicable health agency. The City will not accept any such improvements that do not conform with this section.
2. Permits. No building permit, or other permit, shall be issued unless the water supply and sewer disposal is approved in accordance with the applicable requirements.
3. Private Lines. Any private sewer constructed, maintained, or disposed in violation of the provisions of this Section, or other relevant law, is declared to be a public nuisance, and may be abated by the City or local health official agency.

Wherever a setback is required for a lot facing a street for which an Official Map has been recorded in the Office of the County Recorder, the depth of such front yard shall be measured from the mapped street line provided by the Official Map. Permits for structures within the lines of a mapped street as may be adopted as part of any Official Map shall be issued only in accordance with the applicable code as it pertains to the Official Map.

Where a street is designated on any transportation plan adopted by the City, or where the existing street right-of-way requires widening to meet the City Engineer’s applicable traffic standards for any street, the minimum front and side yard setbacks for all buildings shall be based upon the future designed right-of-way width as shown on the General Plan. This shall be measured from the anticipated future lot line of the street instead of the existing lot line of the present street right-of-way.

Dish antenna shall comply with the following regulations:

1. Minimum Setback. All freestanding dish antennas shall have set backs from property lines of at least five (5) feet.
2. Location. Freestanding dish antenna shall not be located within the front or side yards of any lot.
3. Size. No dish antenna may be approved more than six (6) feet in diameter in any residential zone.
4. Number. No more than one (1) dish antenna of six (6) feet or more in diameter is allowed per residential lot.

All towers, including towers relating to wind energy conservation systems (WECS), shall comply with the following regulations:

1. Applicability. Certain towers such as radio and wireless communication towers shall also comply with the requirements of Chapter 15.25.
2. Definition. A tower is a tall, ridged structure whose height is significantly greater than its base perimeter and the height of surrounding structures.
3. Procedure. Applicant for a proposed tower shall file the appropriate application for the proposed tower requesting such tower as a permitted or conditional use. The application shall include:
   1. Construction drawings showing the method of installation and a site plan depicting the structures and lines on the property and on the adjacent properties.
   2. The manufacturer's construction specifications, and any tower 90 feet or greater in height shall additionally require structural engineering certification by a registered structural engineer in the state.
4. Permit. After approval of a permitted or conditional use, an applicant may apply for a building permit. No tower may be constructed without a valid building permit.
5. WECS. Any towers relating to such systems shall have setbacks from property lines equal to or greater than the height of the proposed structure, including the height of the vertical propeller blade.
6. Dangers. All towers shall be placed so that base of the structure is setback 110% of the height of the tower from any power lines or any other overhead facilities.
7. Height. A tower exceeding the height limitations for the zone in which it is placed or as provided in Chapter 13.26 shall require a conditional use permit.
8. Placement. No tower shall be located in the front or side yard of any lot, nor on the roof of a residential building.
9. Limitations. In accordance with Utah Code Annotated §10-9-108, as amended, nothing in this section shall be construed to violate the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97. Any of the requirements of this section as applied to amateur radio communications shall be administered in order to:
   1. Reasonably accommodate amateur radio communications; and
   2. Represent the minimal practicable regulation to accomplish the City's purpose.

A family swimming pool shall be permitted in the rear yard of a dwelling as an accessory use, provided the following requirements are met:

1. Location. The location of such family swimming pool shall be not less than thirty (30) feet from any dwelling on an adjoining lot and not less than six (6) feet from any

interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone.

2. Fence. An outside family swimming pool shall be completely enclosed by a fence structurally adequate to prevent normal passage of any person except through a locking gate,

resist wind load, conform to the building code, and be not less than six (6) feet in height.

3. Lights. Any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from the adjoining premises.

In subdivisions where developers are still completing improvements, no land use permit or building permit shall be issued until all development improvements are installed,

except for street asphalt, sidewalk, and chip seal.

1. Obstruction Prohibited. No development shall obstruct the flow of water from any drain, or irrigation facility. Any alteration or diversion of any irrigation facility shall be approved first by the affected irrigation company.
2. Inspection. The affected irrigation company and the City may inspect any improvements that affect any drain or irrigation facility. The developer shall reimburse the applicable entity any expenses incurred for inspection.
3. Waterways. For the purposes of this Section, natural water courses in the municipality are considered drainage ways subject to the requirements of this Section.
4. State Code. The provisions for Utah Code Annotated §73-1-14 and §73-1-15, as amended, are incorporated herein by this reference.
5. Access and Piping. Development shall to the greatest extent possible as determined by the City Engineer, pipe all peripheral and ancillary drains and irrigation facilities, and grant access to the City for the same.
   

1. Geotechnical Report. The developer shall provide to the City a certified geotechnical report prepared by a licensed civil engineer for each lot or structure showing that the lowest habitable floor elevation is above the historical and anticipated ground water table based on accurate scientific data and research.
2. Health and Safety. No development shall interfere, contaminate, or otherwise detrimentally affect ground water in the City.

1. Open Yard. Except for landscaping vegetation, every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features, which do not project more than two feet into the required yard.
2. Projections. Outside stairways, fire escapes, fireplace structures not wider than eight (8) feet measured along the wall of a building, terraces, and balconies may project five (5) feet into a required front yard, ten (10) feet into a required rear yard, and three (3) feet into a required side yard. The ordinary projections of chimneys and flues are permitted.
3. Lot Coverage Limits. No accessory building nor group of accessory buildings in any agriculture or residential zone shall cover more than twenty-five (25) percent of the rear yard.
4. Sunbreaks. Sunbreaks or related designs that control light entering a building shall be a permanent part of a building, may project five (5) feet into a required front yard, or ten (10) feet into a required rear yard, and three (3) feet into a side yard.
5. Service Canopies. Service station canopies may extend in the required front yard of a service station site to cover pump islands and the adjacent vehicle service area, provided that such canopies are not located closer than five (5) feet to a property line.
6. Berms. Earthen berms in any residential zone shall not exceed the height of four (4) feet measured from the average adjoining grade of the public road frontage for the front yard thirty (30) foot setback on the parcel. No earthen berm shall exceed ten (10) feet outside the front yard setback, or fifteen (15) feet adjacent to a railroad.

1. State Law. The regulations and licensing of day care centers shall be in accordance with Title 26, Chapter 39, Utah Code Annotated, as amended, or as hereafter amended.
2. Outdoor. All outdoor play areas shall be within a fenced area and shall be limited to use by the children in the day care between the hours of six a.m. to eight p.m. Fence height shall be in accordance with this Chapter - Section 13.26.220.
3. Parking. Sufficient off-street parking shall be provided for day care patrons.

No fence, decorative wall, hedge, berm, hill, raised elevation, obstruction that could be considered a fence or to limit view, or any combination of the above, shall be in excess of six (6) feet in height on any lot used for non-agricultural purposes, unless otherwise specifically provided in the municipal code. No fence, decorative wall, hedge, berm, hill, raised elevation, or obstruction that could be considered a fence or to limit view, or any combination of the above, in excess of four (4) feet shall be allowed in the front yard of any lot used for residential purposes. No fence shall be topped with barb wire, razor wire, or similar device on lots used for residential purposes. Corner lots shall follow additional restrictions that apply to visibility and obstructions as provided in the applicable code. Tennis courts shall be constructed only in the rear yard and may include a maximum twelve (12) foot chain-link fence.

Exterior Lighting shall be installed in accordance with Chapter 15.23 entitled Exterior Lighting which includes dark sky standards, as set forth in the municipal code. Any exterior lighting installed or maintained in violation of the provisions of this Section and other relevant law is declared a public nuisance subject to abatement.

In all zones, public utility substations shall meet the following requirements:

1. Lot Area. Each public utility substation in a residential zone shall be located on a lot not less than two thousand square feet in area.
2. Yards. Each public utility substation in a residential zone shall be provided with a yard on each of the four sides of the building not less than five (5) feet in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards, and rear yard shall equal those required for a single-family residence in the same zone.
3. Street Access. Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street or easement.
4. Approval. The location, screening, and landscaping of a public utility substation zone shall be subject to approval by the planning commission.

1. Code Compliance. All excavation and grading shall comply with the regulations set forth in the municipal code.
2. Limitations. Natural vegetation, including but not limited to brush, shrubs, and trees, located outside the boundaries of a subdivision, shall be removed only when necessary for authorized construction, driveways, sidewalks, landscaping, and similar purposes. No person shall excavate or grade any site located outside the boundaries of a subdivision except as part of an approved excavation or grading plan that conforms to the municipal code.
   

1. Outdoor Storage. With the exception of retail sales displays in an approved commercial area, outdoor storage shall be screened from public view by a six (6) foot high solid masonry fence or other solid fence or screening material approved by the Planning Commission. Commercial and manufacturing uses may install a higher fence or screening height as determined by the Planning Commission as a mitigation measure to any potential adverse impact to surrounding properties.
2. Hazards. The presence of hazardous materials not to be used on-site is prohibited.
3. Vending Machines. For commercial or manufacturing uses up to three (3) outdoor vending machines are permitted at a location. Permission to maintain in excess of three (3) vending machines outdoors at a location may be granted by a conditional use permit.

A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwelling and multiple-family dwellings of less than four (4) units as follows:

1. Enclosure Construction. Each trash enclosure shall be constructed:
   1. So that contents are not visible from a height of five (5) feet above grade from any abutting street or property.
   2. Contain split-faced CMU or ornamental masonry walls with a solid concrete floor sloped for drainage and maintenance of sanitary conditions.
   3. Be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade.
   4. Gated with a solid, slatted or baffled fence, equal in height to the enclosure and equipped with latches to ensure closure when not in use.
2. Location: All trash enclosures shall be located in the side or rear yard unless otherwise approved by the Planning Commission.

Any permitted or conditionally permitted use must conform to the following performance standards. In conjunction with the plan review, the developer or applicant shall provide to the City all information sufficient to show that the proposed use and the manner of its conduct, will meet the following performance standards:

1. Glare or Heat. Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard.
2. Vibration. No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three (3) minutes or more duration in any one hour of the day between the hours of 7:00 a.m. to 7:00 p.m., or of thirty (30) seconds or more duration in any one hour during the hours of 7:00 p.m. and 7:00 a.m.
3. Air Pollution. No emission of any ash, dust, fumes, vapors, gases or other substance shall be permitted which may cause damage to public health or safety, or result in excessive soiling.
4. Liquids and Solid Waste. No wastes shall be discharged in any sewage system which would endanger the normal operation of the sewage system or which would cause the system to violate any federal, state or local law.
5. Odors. No emission of any putrescent odor or material shall be permitted in such quantities as to be offensive or create a nuisance or hazard.
6. Noise. Noise in any Commercial or Manufacturing Zone, or as part of construction or development, shall be conducted in a manner that minimizes any disruption to the standard ambient noise level in a residential neighborhood that existed prior to the use producing the noise. The City may require sound and noise dampening devices and mitigation measures as part of any site plan approval or in the enforcement of this sub-section. Any obnoxious noise, excessively loud noises, or sleep disruptive noises are deemed a nuisance and prohibited. This sub-section does not apply to agricultural uses, utilities, or governmental activities.
   
7. Hours of Operation. No private construction of any kind shall commence each day before 7:00 a.m. and after 8:00 p.m. unless an emergency or hazardous condition exists requiring mitigation to avoid immediate or irreparable harm to life, property or infrastructure.

Where a substantial portion of a parcel is divided between two or more planning, zoning, or other boundaries, the Planning Commission may determine the extent to what portions in each boundary apply to the overall development and how uses or densities are calculated fairly.

1. Limit. Notwithstanding any other code requirement, any development or subdivision of twenty (20) lots or more shall have a minimum of two (2) separate public streets, constructed to the minimum standards and specifications for a public street in accordance with applicable public works regulations, and the Subdivision Regulations. All streets shall be public roads and meet the minimum size requirements specified in Title 12 as determined by the City Engineer.
2. Permit. Any new access, driveway or other ingress and egress location that utilizes the public right-of-way shall require an access permit. No access as provided herein shall obstruct or interfere with any storm water drain, flood control device, irrigation facility or other infrastructure. No more than one driveway shall be installed per residential lot in a subdivision, and no more than two (2) driveways for any residential or agricultural lot not within a subdivision.
   

In any residential zone, excepting mixed-use or high density no junk or inoperable vehicles are permitted, regardless of the size of a parcel, no more than: 1. Limits. Regardless of the size of a parcel, no more than (4) inoperable or unregistered vehicles or trailers shall be kept on a lot not approved for vehicular storage. Any such vehicle or trailer shall be kept in a tidy manner in the rear yard behind a solid fence so as not to be visible from an adjoining property to the extent feasible. Parts, appliances, tires, equipment and other junk on a site not approved for such storage, shall be kept in a tidy manner in the rear yard in limited quantities so as to be contained entirely within a 10x10 square foot area, not exceeding six (6) feet in height. This section does not apply to any implements of husbandry. 2. Parking. No bus, equipment, recreational vehicle, trailer, or unlicensed vehicle of any time shall be parked on any public street improved surface in any zone except as part of a lawfully issued permit.

Access shall to or from commercial and/or manufacturing uses is prohibited directly onto a residential street, or a street that is primarily residential traffic.

Any accessory building with a metal roof shall have an additional setback of eight (8) feet from either the side or rear property line parallel to the roof, regardless of any site development standards in the zone, in order to prevent snow from sliding onto adjoining property and/or damaging fence lines. Any front setback shall remain as set forth in the specific zone where the accessory building is proposed.

1. Scope and definition.  This Section applies to any “cash advance establishment” that includes but is not limited to “check cashing center” business, or “deferred deposit transaction" business, or “advanced payday lender” business, or “title loan” business, or similar operation where the business cashes payroll, government, personal, and other types of checks, among other related services, while taking a commission off the face-value of the check.  It also includes any business that provides payday lender services or provides small cash loans based on a borrowers personal check held for future deposit or on electronic access to a borrower’s bank account in exchange for the borrower including a fee for the loan in the face value of the personal check or providing other consideration of any kind.  The businesses defined below are within the scope of this Section:
   1. “Check cashing center” means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders or other commercial paper serving a similar purpose. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution. This classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business.
   2. “Check cashing facility” means an establishment primarily engages in cashing payroll or personal checks for a fee or advancing funds on future checks, not including state or federally chartered banks, credit unions, savings and loans, or similar financial institution.
   3. “Payday lender business” means an establishment that offers, originates, or makes a deferred deposit transaction. A “deferred deposit transaction” is a transaction whereby a person defers depositing a customer’s personal check until a specific date, pursuant to a written agreement. A payday lender business does not include a state or federally chartered bank, savings association, credit union, or similar financial institution, or retail stores that incidentally charge a fee not exceeding $2.00 to cash checks or money orders as a service to customers.
   4. “Title loan” means an establishment that primarily engages in loaning cash or other consideration to customers in exchange for holding or keeping the title to a vehicle or to personal property.
2. Findings.  The City Council finds and declares the following:
   1. According to the Consumer Federation of America, because of the high fees paid for these short term loans and check cashing services, some borrowers may pay the equivalent of more than 900% annual percentage rate interest on their loan.
   2. According to certain studies, check cashing and payday lender businesses have grown over 1300% nation-wide between 1996 and 2007 and are estimated to be growing at a rate of 15% a year.  The growth of check cashing and payday lender businesses appear to be predominantly focused in moderate and lower income neighborhoods.
   3. That a portion of the City includes moderate and lower income neighborhoods.
   4. A recent study by “The Progressive Policy Institute” reveals that a traditional bank account is the first step toward giving low-income Americans access to the mainstream tools for wealth creation now taken for granted by the middle-class.  The unchecked proliferation of check cashing and payday lender businesses had lead to the displacement of full service banking institutions, making access to traditional banking services even more difficult in lower income neighborhoods.
   5. Continued proliferation of check cashing and payday lender businesses can result in a reduction or displacement of needed financial services and other commercial benefits in these neighborhoods.
   6. That appropriate land use and regulatory controls on these types of businesses can still provide for this service while off-setting the negative effect upon the City.
3. Limits. The following limitations are established for businesses defined in this Section:
   1. No business shall be located within one (1) mile of any other or similar business within the City.
   2. Distance requirements defined in this Section shall be measured in a straight line, without regard to intervening structures or zoning districts, to the entry door of each business.
   3. Only one (1) business shall be allowed in the City for every 10,000 residents living in the City.

1. Eligibility. In accordance with Utah Code 10-9a-530.1a, an internal Accessory Dwelling Unit (ADU) is eligible for a permit if such ADC is:

a. Located in the primary dwelling;

b. Placed within the footprint of the primary dwelling as described in state law at the time the ADU created;

c. Not used for vacation rental or short-term rental; and,

d. Used only for residential long-term rental of thirty (30) consecutive days or longer.

2. Local Requirements. In accordance with Utah Code 10-9a-530-4, the City:

a. Does not require the installation of a separate utility meter for an ADU.

b. Each ADU shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.

c. The owner of the primary dwelling creating an ADU shall: i. Include one additional parking on-site parking space, regardless of whether the primary dwelling is existing or new construction; and ii. Replace all parking spaces contained within a garage or carport converted to an ADU.

3. Limitations. The following limitations apply to the creation or occupancy of any ADU:

a. Only one (1) ADU per primary dwelling is permitted consistent with this section.

b. No ADU shall be created or occupied within a mobile home as defined under Utah Code 57-16-3.No ADU shall be created or occupied without the owner of the

primary dwelling obtaining all permits and licenses for the ADU from the City and any other affected entity.

c. No ADU will be approved in any hazard area or flood plain.

d. No ADU will be approved where the primary dwelling is served by a failing septic tank, as determined by an inspection by a duly licensed professional.

e. No ADU shall be created or occupied where the primary dwelling lot is six-thousand (6,000) square feet or less in size.

f. No external accessory dwelling unit are allowed.

g. No ADU shall be created or occupied unless the primary dwelling is also used as the owner’s primary dwelling.

4. Licensing. The owner of any ADU shall obtain a business license in accordance with Title 3 and Chapter 3.15 of the municipal code.